RS 3:3525 Actions and penalties
§3525. Actions and penalties
A. Any action for any penalty or fine shall be commenced within three years from the date of the alleged violation.
B. The penalties prescribed by this Section apply in instances of any violation of any provision of this Part, any marketing order, or any regulation, or rule and regulation, which is issued by the commissioner.
C. Any person that violates any provision of this Part, or any marketing order, or that violates any rule, or regulation which is issued by the commissioner for such marketing order, is liable for a civil penalty in an amount not to exceed a sum of one hundred dollars for each and every violation.
D. It shall be a violation of this Part for any person not under the jurisdiction of such marketing order to use any identifying designation of grade, quality, or condition authorized by such order.
E. It is a violation for any person to furnish a false report, which is required by the commissioner or any marketing order provisions.
F. It is a violation for any person that is engaged in the handling, processing, or wholesale, or retail trade of the commodity, to fail to furnish to the commissioner information concerning the name and address of the persons from whom he has received any commodity which is regulated by a marketing order and the quantity of such commodity.
G. It is a violation for any handler to receive, handle, or have in his possession any commodity which is regulated by a marketing order that the handler knows is being marketed by the producer without complying with the provisions of such marketing order.
H. The commissioner shall upon complaint of any interested party which charges any violation of any provision of any marketing order which is issued, do one of the following:
(1) If necessary, immediately call an administrative hearing to consider the charges in such complaint.
I. The commissioner or his legal counsel shall thereupon bring an appropriate action in a court of competent jurisdiction in this state, if, after examination of the complaint and evidence he believes that a violation has occurred.
J. The commissioner shall notify all persons named as respondents in verified complaint by mail ten days before such hearing.
K. The hearing shall be held at a location designated by the commissioner.
L. The commissioner shall hear the parties to the complaint and shall enter his findings which are based upon the facts that are established at such hearing. If the commissioner finds that no violation has occurred, he shall dismiss such complaint and notify the parties involved.
M.(1) If the commissioner finds that a violation has occurred, he shall notify the parties involved. The commissioner may refer the matter to the attorney general for further investigation.
(2) Upon their refusal or failure to comply, or if he finds that the facts or circumstances warrant immediate prosecution, he shall file a complaint with the attorney general or any district attorney which requests that such officer commence any action which is authorized against such respondent.
N. The attorney general shall bring an action in the appropriate district court of this state for civil penalties or for injunctive relief, including specific performance of any obligation which is imposed by any marketing order against any person in violation of any marketing order issued by the commissioner.
O. If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court shall find, in any such action, that any defendant is violating, or has violated, any provision of this Part, any marketing order, or any regulation, or rule and regulation, the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any regulation which is issued by the commissioner pursuant to this Part.
P. In any suit brought by the attorney general to enforce any provision of this Part, any marketing order, or any regulation which is issued by the commissioner, the judgment, if in favor of the state, shall provide that the defendant pay to the commissioner the costs which were incurred by the commissioner and by the advisory board concerned with the administration of such marketing order in the prosecution of such action. Any money which is recovered shall be deposited in accordance with Section 552.14.
Q. Any such action may commence either in the parish where defendant resides or where any act which is complained of occurred.
Added by Acts 1978, No. 500, §1; Acts 2009, No. 24, §8J, eff. June 12, 2009.